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Home My WebLink About04-4916FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WASHINGTON MUTUAL BANK, FA, S~3/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 Plaintiff PEGGY A. LEYDIG 103 SHOLLY DRIVE MECHANICSBURG, PA 17055 ATI'ORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COU2qTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EL1GIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 98633 IF THIS IS 'FILE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAlT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITH1N TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNT1L THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECElVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR R1GHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 98633 Plaintiff is WASHINGTON MUTUAL BANK, FA, S/B/M TO WASHINGTON MUTUAL HOME LOANS, INC., F/K/A PNC MORTGAGE CORP. OF AMERICA 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 The name(s) and last h~own address(es) of the Defendant(s) are: PEGGY A. LEYDIG 103 SHOLLY DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/14/1996 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1326, Page: 326. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible fbrthwith. File#: 98633 The following amounts are due on the mortgage: Principal Balance Interest 03/01/2004 through 09/29/2004 (Per Diem $8.60) Attorney's Fees Cumulative Late Charges 06/14/1996 to 09/29/2004 Cost of Suit and Title Search Subtotal $36,912.24 1,831.80 1,250.00 94.49 $ 550.00 $ 40,638.53 Escrow Credit 0 Deficit 840.32 Subtotal $ 840.32 TOTAL $ 41,478.85 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998. end/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, end the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or en authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 4 1,478.85, together with interest from 09/29/2004 at the rate of $8.60 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: FEOERM~N AND PH~,ELAN, ]~[P /~rancis S. ~all~an - ' FRA~ FEDE~AN, ESQUIRE LAWRENCE T. PHEL~, ESQUIRE FR~CIS S, HALLINAN, ESQUIRE Attorneys fur Plaintiff File#: 98633 LEGAL DESCRIPTION All THAT CERTAIN piece or parcel of land, situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described according to a Plan of Lots known as Spacious Acres, Section 5-A, drawn by William B, Whittock, Professional Engineer, dated March 11, 1968 and recorded in Cumberland County Plan Book 19, Page 74, as follows: BEGINNING at a point in the eastern right-of-way line of Sholly Drive at Lot No. 1; thence South 68 degrees 6 minutes 8 seconds East 140.26 feet to a point at land now or formerly of Harvey Miller; thence by lands now or formerly of Harvey Miller South 16 degrees 42 minutes West 91.24 feet to a point on the northern line of Lot 4; thence by Lots 4 and 3 North 62 degrees 51 minutes 3 seconds West 157.04 feet to a point in the eastern fight-of-way line of Sholly Drive; thence by the eastern right-of-way line of Sholly Drive in a curve to the left having a radius of 453.85 feet a distance of 77 feet to the arc to a point on the eastern right-of-way line of Sholly Drive at the southern line of Lot No. I. BEING Lot No. 2 on the Plan of Spacious Acres as recorded in Plan Book 19, Page 74. HAVING THEREON erected a dwelling house known as 103 Sholly Drive. File#: 98633 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinan, Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP uy: Lawrence T. Phelan, Esquire J.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A., SjBjM TO WASHINGTON MUTUAL HOME LOANS, INC., F/KIA PNC MORTGAGE CORP. OF AMERICA Plaintiff Court of Common Pleas CUMBERLAND County No. 04-4916 CIVIL VS. PEGGY A. LEYDIG Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. , /5 j,~ Date' f ~ :;;41, Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff .-,;') c~., c:) C~::) ~'.-i C_'l N ;"",) <-<:: SHERIFF'S RETURN - REGULAR CASE NO: 2004-04916 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS LEYDIG PEGGY A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LEYDIG PEGGY A the DEFENDANT , at 1956:00 HOURS, on the 18th day of October ,2004 at 103 SHOLLY DRIVE MECHANICSBURG, PA 17055 by handing to PEGGY LEYDIG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.66 .00 10.00 .00 34.66 So Answers: l"C-".f:.~:~~.c.~ R. Thomas Kline 10/19/2004 FEDERMAN & PHELAN Sworn and Subscribed to before B~F\3d.iGA Deputy Sheriff me this 'f ~ day of Y-'<'(H'7 .;7fH's' A.D. o 'h4." ~ /u,i/~'i~ rot onotary